Lowell E Baier

Codex of the Endangered Species Act

The First Fifty Years

• Gebundenes Buch

Produktbeschreibung

The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nation's species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists. The year 2023 marks the 50th anniversary of this law, and provides an opportunity for a measured and thorough evaluation thereof. We cannot know today's challenges and opportunities without understanding their histories. This book is the most comprehensive history of the ESA ever published, and the first to consider the entire history of the law from all angles in a single volume. The history of the ESA has been one of increasing impact, complexity, and controversy. In 1978, the Supreme Court declared that Congress intended for the U.S. government to save all species at any cost, and thereafter application of the ESA became steadily more controversial, as seen in the example of the northern spotted owl and the timber wars in the Pacific Northwest in the late 1980s and early 90s, and then everywhere as the ESA became a political football in the highly partisan environment of the late 1990s and amendments to the law ceased. This book is not only a history, but a call to action. It will take more conservation, more funding, and more innovative solutions if we are to save our wildlife and biodiversity. It will take the engagement to every American to muster the collective will to meet this challenge. The hope of this book is that we will be able to look back and say that we accomplished more in the second 50 years of the ESA than we did in the first.

Produktdetails

• Verlag: Bloomsbury Publishing PLC
• Seitenzahl: 864
• Erscheinungstermin: 5. September 2023
• Englisch
• Abmessung: 256mm x 189mm x 54mm
• Gewicht: 1736g
• ISBN-13: 9781538112076
• ISBN-10: 1538112078
• Artikelnr.: 66396256

Autorenporträt

Lowell E. Baier is an attorney and a legal and environmental historian and author. Baier holds a B.A. from Valparaiso University, a J.D. from Indiana University and has received two honorary doctorates. He's worked in Washington, D.C. throughout his 56-year career as a tireless advocate for natural resources and wildlife conservation. Throughout his career, he has observed and documented wildlife and its habitats on extensive treks and expeditions in the mountains and wilderness regions across the North American Continent, the Pamirs and Caucasus of Russia, and Mongolia's Gobi Desert and Altai Mountains, providing him with first hand observations of wildlife and man's interactions across the globe. He was recognized as the Conservationist of the Year by the National Fish and Wildlife Foundation in 2008, and again in 2010 and 2013 by two different national organizations.

Inhaltsangabe

List of IllustrationsGuide to Acronyms and TermsForewordPrologue: Peril and
PromiseDedicationPart I: The Evolution of the Endangered Species ActChapter
1: The Evolution of Wildlife Management and the Extinction Crisis Prior to
1973Wildlife in Early American HistorySportsmen Emerge as the Driving Force
for Wildlife ConservationPost-Civil War Views of WildlifeProtective Actions
After 1900The Development of Professional Wildlife ManagementThe Early
DaysThe Leopold EraThe American Game Policy of 1930Education, Funding, and
Federal AidThe Evolution Towards Wildlife ProtectionWildlife and
Environmental Laws from the 1960s to Today1973: A Watershed Year for
Wildlife ManagementChapter 2: The Creation of the Endangered Species Act -
1966, 1969 and 1973The Endangered Species Preservation Act of 1966The
Endangered Species Conservation Act of 1969Endangered Species Legislation:
1971Endangered Species Legislation: 1972The House - 1972The Senate -
19721973 - The House1973 - The Senate1973 - Conference Committee and Final
ApprovalChapter 3: Implementing the Endangered Species Act of 1973:
1974-1980The Nixon Administration and Passage of the Endangered Species
ActThe Ford Administration and Implementation of the Endangered Species
ActRegulating Threatened SpeciesImplementing Section 6: Cooperation with
the StatesThe 1976 Scrimshaw AmendmentThe Carter Administration and the End
of the Environmental Consensus of the 1960sContinuing to Implement the
Endangered Species Act Under the Carter AdministrationThe 1977 Section 6
Amendment and an Ominous Congressional OmissionThe Infamous Tellico Dam and
the Snail DarterCongress and the Tellico DamThe Endangered Species
CommitteeCompleting the Tellico DamFurther Amendments in 1978Section 7
ConsultationListing Procedures and Critical HabitatRecovery PlansOther
Significant Amendments in 1978Minor Amendments in 19781979: Additional
Minor Amendments to the Endangered Species ActThe Endangered Species Act at
the End of the 1970s.Chapter 4: The Endangered Species Act and the Reagan
Administration: Reversals and Progress: 1980-1988The Reagan RevolutionThe
Reagan Administration in ActionThe Endangered Species Act Under Reagan1982:
A Second Major Amendment to the Endangered Species ActNew Statutory
Deadlines for ESA FunctionsMinor Amendments to Sections 4 and 6Amendments
to Section 7New Provisions in 1982: Experimental Populations, Habitat
Conservation Plans and a Foundation for the FutureExperimental
PopulationsHabitat Conservation PlansEndangered Species and International
Trade: Implementation of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora1979-1982: CITES and the Bobcat
ControversyFleshing out Endangered Species Act RegulationsNew Tools for
Conservation Under ReaganThe Reagan Administration and Management of
Controversial SpeciesBlack-footed Ferrets and California CondorsThe Reagan
Administration and Wolves1985-1986: Wolf and Predator Management
Controversies in Congress1988: The Last Major Amendment to the
ESAProvisions of the 1988 AmendmentThe Endangered Species Act After
ReaganChapter 5: The Northern Spotted Owl and the George H.W. Bush
Administration: 1986-1994The Northern Spotted OwlGeorge H.W. Bush and
Environmental PolicyGeorge H.W. Bush and the Endangered Species ActThe
Northern Spotted Owl and the Timber WarsThe Timber Wars Continued -
Managing Old-growth Forests and Spotted OwlsThe Timber Wars Saga - Failures
of PlanningPartisanship, Radicalization, and Legislative Gridlock1992:
Failure to Reauthorize the Endangered Species ActThe 1992 Presidential
ElectionThe Northwest Forest PlanThe Legacy of the Spotted OwlChapter 6:
The Clinton Administration: Partisanship and Partnership: 1992-2000The
Clinton Administration and the EnvironmentThe Endangered Species Act on the
Defensive in the 104th CongressThe Clinton Administration on the
DefensiveImproving the Endangered Species Act: "No Surprises" For Habitat
Conservation PlansThe Ten Point PlanSafe Harbor AgreementsCandidate
Conservation Agreements with AssurancesThe Policy for Evaluation of
Conservation Efforts When Making Listing DecisionsCrisis in the Listing
Program: The 1995-1996 Government Shutdown and the Listing MoratoriumThe
1996 Presidential ElectionThe Sweet Home CaseDistinct Population Segments
of Vertebrate SpeciesThe Clinton Administration and WolvesImproving
Application of the Endangered Species ActThe ESA in Congress in the Late
1990sThe Endangered Species Act at the Turn of the CenturyChapter 7:
Litigation and Collaboration: The George W. Bush Administration:
2000-2008The 2000 Presidential ElectionPresident George W. Bush and the
EnvironmentThe Bush Administration's Conservative Approach to Environmental
ProtectionThe Bush Administration and Forest ManagementConserving
Endangered Species Through CooperationThe Threatened and Endangered Species
Recovery Act of 2005: Congress' Most Serious Threat to the ESACritical
Habitat on Department of Defense LandsControversy Surrounding
Implementation of the Endangered Species Act Under George W. BushListing
Species Under the Endangered Species ActDelisting Gray WolvesThe Greater
Yellowstone Ecosystem Grizzly BearListing the Polar BearThe Endangered
Species Act in Transition: A Retrospective of the Bush YearsChapter 8:
Progress, Reversals, and Uncertainty: Obama, Trump, and Biden: 2008-2021The
2008 Presidential ElectionPresident Barack Obama, Congress, and the
EnvironmentThe Obama Administration and the Endangered Species ActThe
Multidistrict Litigation and Listing and Delisting SpeciesThe Multidistrict
Litigation Settlements and Collaborative Conservation: The Lesser Prairie
ChickenFacilitating Collaborative Conservation: The Greater
Sage-GrouseEmbracing Compensatory MitigationThe Future of the Greater
Sage-GrouseFormalizing Species Status Assessments and Conserving
PollinatorsImproving the Listing ProcessThe "Significant Portion of Its
Range" Policy and Other Endangered Species Act IssuesThe 2016 Presidential
ElectionThe Donald J. Trump AdministrationEnvironmental Policy Under
TrumpRevising Greater Sage-Grouse Management PlansListing and Delisting
SpeciesMajor Regulatory Changes to the ESAThe 2020 Presidential ElectionThe
Biden AdministrationBiden Administration AppointeesBiden's Wildlife
PoliciesFifty Years of Implementing the Endangered Species ActPart II:
Contemporary Issues of the Endangered Species ActChapter 9: Federalism and
Preemption: The Nationalization of American Wildlife Management and the
Origins of State-Federal Tension Under the Endangered Species ActThe
Evolution of Federalism and PreemptionFrom the Mayflower Compact to the US
Constitution, 1620-1787Defining the New Government and the Separation of
Powers: 1787-1835Westward Expansion, the First Industrial Revolution, Dual
Sovereignty, and the Public Trust Doctrine: 1835-1861The Civil War,
Reconstruction, the Advent of the Second Industrial Revolution, the
Enduring Public Trust Doctrine, and State Ownership of Wildlife:
1861-1896America's Changing Culture: Market Hunting, the Lacey Act, the
Migratory Bird Treaty Act, and the Beginning of the Progressive Era:
1896-1910The Ethos of the Industrial Revolution Drives the Progressive
Movement into America's Social Fabric and Laws: 1910-1919Prohibition and
Reform: The Emergence of the Administrative State: 1919-1933The Great
Depression, FDR's New Deal, and a "New" Supreme Court Overwhelms States'
Rights: 1933-1941The Competing Ideologies that Characterized the
Progressive Movement and Beyond: 1890-1940The Stone Court and the
Development of the Presumption Against Preemption in Rice: 1941-1946The End
of the State Wildlife Ownership Doctrine Following World War II:
1946-1969The Burger Court - State Ownership of Wildlife Declared a Legal
Fiction and Anachronism: 1969-1986The Rehnquist Court: A Continued Swing
Towards Conservative Federalism and Preemption: 1986-2005The Roberts Court
and the Development of Area-Specific Jurisprudence: 2005-2022The Future of
Federal Preemption of State Authority Over Wildlife, and the Presumption
Against Preemption Doctrine in Wildlife CasesThe Endangered Species Act of
1973 and Federalism: The Interpretation and Application of Section 6The
Legislative History of Section 6 of the ESAThe House Bill - H.R. 37The
States' Role under H.R. 37 as IntroducedHouse Committee Debates and
AmendmentsThe Senate Bill - S. 1983The States' Role Under S. 1983 as
IntroducedSenate Committee Debates and AmendmentsConference Reconciliation
and Presidential ApprovalThe Erosion of the States' Cooperative Role1975
Regulatory Interpretation of Section 6Section 6 ESA Amendments,
1976-1978The 1979 Regulatory Interpretation of Section 6Section 6 ESA
Amendments, 1980 - 1982Section 6 ESA Amendments - 19881994 Section 6(a)
Policy2016 Section 6(a) PolicyJudicial Interpretation of Section 6Confusion
over the Extent of the ESA's Preemption in 1992Alaska's Section 6(a)
ClaimThe Future of State and Federal Cooperation and Coordination under the
Endangered Species ActContemporary Challenges for Federalism and
State-Federal Cooperation in Wildlife ManagementFunding Endangered Species
Conservation: The Achilles Heel of the ESAChapter 10: The Constitutional
Foundations of the Endangered Species ActThe Commerce ClausePrinciples Nos.
1, 2 and 3: The Substantial Effect, Economic Principle, and Rational Basis
Tests Principle No. 4: The De minimis and Aggregation PrinciplePrinciple
No. 5: Habitat Modification/The Proximate Cause Test Principle No. 6: A
Substantial Relationship to the National InterestThe Treaty ClauseThe
Spending ClauseThe Property ClauseChapter 11: Endangered Species Recovery
and Delisting: Principles, Application, and Obstacles: Part I - Definitions
and State and Private ProgramsRecovery Under the Endangered Species
ActStandards for Recovery and DelistingEarly Recovery Planning and
Legislative AmendmentsContents of a Recovery PlanRecovery in the CourtsCase
Study: Whooping Crane Recovery: Charting New WatersState and Private
Leadership in Recovery Plan Development and ImplementationCase Study: The
Delmarva Fox SquirrelCase Study: The Kirtland's WarblerCase Study: Private
Conservation Efforts: The Peregrine FalconCase Study: The California
CondorChapter 12: Endangered Species Recovery and Delisting: Principles,
Application, and Obstacles: Part II - Federal Programs, Accomplishments,
and ChallengesRecovery Efforts by Federal AgenciesNational Wildlife
RefugesThe National Park ServiceThe U.S. Forest Service and the Bureau of
Land ManagementThe Department of DefenseThe Sikes ActCase Study: The
Red-Cockaded WoodpeckerRed-Cockaded Woodpeckers and the Department of
DefenseAdditional Woodpecker Conservation EffortsThe Readiness and
Environmental Protection Integration ProgramThe Sentinel Landscapes
ProgramThe Record of Recovery Under the Endangered Species ActCase Studies
in Rapid RecoveryCase Study: Bald EagleCase Study: American
AlligatorPost-Delisting MonitoringDownlistingRecovery Challenges:
Inadequate Recovery FundingCase Study: Black-Footed FerretRecovery
Challenges: Inadequate Data and Planning for RecoveryRecovery and Ecosystem
ConservationRecovery and Delisting of Conservation Reliant SpeciesRecent
Progress and Future Prospects for Improvements to Recovery
PlanningReflections on Fifty Years of RecoveryChapter 13: Collaborative
Conservation: An Alternative to the Endangered Species Act: Part I -
Collaborative Conservation Across AmericaCollaborative Conservation
DefinedEarly Collaboration in ConservationTools of Collaborative
ConservationLegal Mechanisms of Collaborative ConservationFarm Bill Funding
for Collaborative ConservationPrograms and Resources for
LandownersRegulatory Certainty for Landowners Under the Endangered Species
ActCollaborative Conservation in the Malpai Borderlands RegionCollaborative
Conservation and Grizzly Bear RecoveryThe Blackfoot Challenge: Managing
Human/Wildlife Conflicts Through PartnershipThe Louisiana Black BearThe
Black Bear Conservation CommitteeLouisiana Black Bear ConservationLouisiana
Black Bear RecoveryInnovative Approaches to Protecting Migration
CorridorsVoluntary Conservation in MaineThe Pingree Forest
PartnershipKatahdin Woods and Waters National MonumentThe Atlantic
SalmonThe Downeast Salmon FederationThe Downeast Lakes Land TrustThe
Penobscot River Restoration TrustThe Longleaf ForestThe Gopher
TortoiseChapter 14: Collaborative Conservation: An Alternative to the
Endangered Species Act: Part II - Case Studies and Lessons LearnedGreater
Sage-GrouseBeginnings of Greater Sage-Grouse ConservationPlanning Greater
Sage-Grouse ConservationFederal Land Management Planning and Greater
Sage-GrouseThe Greater Sage-Grouse and Partisan PoliticsThe Natural
Resources Conservation Service's Sage Grouse InitiativeOther Sage-Grouse
Conservation ProgramsGreater Sage-Grouse Conservation SuccessThe Greater
Sage-Grouse's FutureThe Bi-State Sage-GrouseThe Gunnison Sage-GrouseNew
England CottontailThe New England Cottontail Conservation StrategyNew
England Cottontail Conservation PartnersNew England Cottontail
ResultsForging a Future of Collaboration: Conservation Without
ConflictLessons of Collaborative ConservationThe Promise of Collaborative
Conservation - A Roadmap for Our FutureChapter 15: Wildlife Conservation
and Biodiversity Fifty Years After the Endangered Species ActThe Present
CrisesThe Role of the Endangered Species ActLandscape-Scale ConservationThe
Record of the Endangered Species Act: Successes and LimitationsPeople: The
Missing Ingredient in Wildlife ConservationThe Endangered Species Act:
Funding and IncentivesImproving the Endangered Species ActAccessing
FundingIncreasing FlexibilityEnabling PartnershipsThe Present
OpportunityAcknowledgementsAppendix 1: Federal Environmental and
Consumer-Protection Statutes and Agencies Established during the 1960s and
1970s Green RevolutionAppendix 2: The Endangered Species Act of 1973, As
EnactedAppendix 3: The Endangered Species Act of 1973, As Amended
TodayBibliography Index